Old | New | Differences | |
---|---|---|---|
1 | - | Enrolled Copy H.B. 66 | |
1 | + | 01-31 12:29 1st Sub. (Buff) H.B. 66 | |
2 | + | Ken Ivory proposes the following substitute bill: | |
2 | 3 | 1 | |
3 | 4 | Ritual Abuse Amendments | |
4 | 5 | 2025 GENERAL SESSION | |
5 | 6 | STATE OF UTAH | |
6 | 7 | Chief Sponsor: Ken Ivory | |
7 | 8 | Senate Sponsor: Jen Plumb | |
8 | 9 | 2 | |
9 | 10 | ||
10 | 11 | 3 | |
11 | 12 | LONG TITLE | |
12 | 13 | 4 | |
13 | 14 | General Description: | |
14 | 15 | 5 | |
15 | 16 | This bill addresses ritual abuse. | |
16 | 17 | 6 | |
17 | 18 | Highlighted Provisions: | |
18 | 19 | 7 | |
19 | 20 | This bill: | |
20 | 21 | 8 | |
21 | 22 | ▸ requires current sexual assault and sexual abuse training for law enforcement officers to | |
22 | 23 | 9 | |
23 | 24 | include training on sexual assault committed during a ritual and the impact of that | |
24 | 25 | 10 | |
25 | 26 | conduct on the victim; | |
26 | 27 | 11 | |
27 | 28 | ▸ creates an aggravating factor for certain offenses committed against an individual under | |
28 | 29 | 12 | |
29 | 30 | 18 years old if the offense was committed as part of a ritual; | |
30 | 31 | 13 | |
31 | 32 | ▸ contains a coordination clause to coordinate a substantive change between this bill and | |
32 | 33 | 14 | |
33 | 34 | S.B. 24, Child Abuse and Torture Amendments, by adding the crime of child torture, | |
34 | 35 | 15 | |
35 | 36 | which is newly created in S.B. 24, to the list of offenses that qualify for the aggravating | |
36 | 37 | 16 | |
37 | 38 | factor created in this bill; and | |
38 | 39 | 17 | |
39 | 40 | ▸ makes technical and conforming changes. | |
40 | 41 | 18 | |
41 | 42 | Money Appropriated in this Bill: | |
42 | 43 | 19 | |
43 | 44 | None | |
44 | 45 | 20 | |
45 | 46 | Other Special Clauses: | |
46 | 47 | 21 | |
47 | 48 | This bill provides a coordination clause. | |
48 | 49 | 22 | |
49 | 50 | Utah Code Sections Affected: | |
50 | 51 | 23 | |
51 | 52 | AMENDS: | |
52 | 53 | 24 | |
53 | 54 | 53-10-908, as last amended by Laws of Utah 2023, Chapter 158 | |
54 | 55 | 25 | |
55 | 56 | ENACTS: | |
56 | 57 | 26 | |
57 | 58 | 76-3-203.19, Utah Code Annotated 1953 | |
58 | 59 | 27 | |
59 | - | Utah Code Sections affected by Coordination Clause: | |
60 | + | Utah Code Sections affected by Coordination Clause: | |
60 | 61 | 28 | |
61 | 62 | 76-3-203.19, Utah Code Annotated 1953 | |
63 | + | 1st Sub. H.B. 66 1st Sub. (Buff) H.B. 66 01-31 12:29 | |
62 | 64 | 29 | |
63 | 65 | ||
64 | 66 | 30 | |
65 | 67 | Be it enacted by the Legislature of the state of Utah: | |
66 | 68 | 31 | |
67 | - | Section | |
69 | + | Section 3. Section 53-10-908 is amended to read: | |
68 | 70 | 32 | |
69 | 71 | 53-10-908 . Law enforcement -- Training -- Sexual assault, sexual abuse, and | |
70 | 72 | 33 | |
71 | 73 | human trafficking. | |
72 | 74 | 34 | |
73 | 75 | (1) The department and the Utah Prosecution Council shall develop training in | |
74 | 76 | 35 | |
75 | 77 | trauma-informed responses and investigations of sexual assault and sexual abuse, which | |
76 | 78 | 36 | |
77 | 79 | include, but are not limited to, the following: | |
78 | 80 | 37 | |
79 | 81 | (a) recognizing the symptoms of trauma; | |
80 | 82 | 38 | |
81 | 83 | (b) understanding the impact of trauma on a victim; | |
82 | 84 | 39 | |
83 | 85 | (c) responding to the needs and concerns of a victim of sexual assault or sexual abuse; | |
84 | 86 | 40 | |
85 | 87 | (d) delivering services to victims of sexual assault or sexual abuse in a compassionate, | |
86 | 88 | 41 | |
87 | 89 | sensitive, and nonjudgmental manner; | |
88 | 90 | 42 | |
89 | 91 | (e) understanding cultural perceptions and common myths of sexual assault and sexual | |
90 | 92 | 43 | |
91 | - | abuse; and | |
93 | + | abuse; Ĥ→ and ←Ĥ | |
92 | 94 | 44 | |
93 | - | (f) techniques of writing reports in accordance with Subsection (5). | |
95 | + | {(f)} Ĥ→ [ understanding how perpetrators of sexual assault and sexual abuse can use | |
96 | + | 44a | |
97 | + | sexual | |
94 | 98 | 45 | |
99 | + | assault and sexual abuse during a ritual, as that term is defined in Section 76-3-203.19, | |
100 | + | 46 | |
101 | + | and the impacts of that sexual assault and sexual abuse on a victim; and] ←Ĥ | |
102 | + | 47 | |
103 | + | [(f)]{(g)} (f) techniques of writing reports in accordance with Subsection (5). | |
104 | + | 48 | |
95 | 105 | (2)(a) In accordance with Section 53-6-202, the department and the Utah Prosecution | |
96 | - | ||
106 | + | 49 | |
97 | 107 | Council shall offer the training in Subsection (1) to all certified law enforcement | |
98 | - | ||
108 | + | 50 | |
99 | 109 | officers in the state. | |
100 | - | ||
110 | + | 51 | |
101 | 111 | (b) The training for all law enforcement officers may be offered through an online | |
102 | - | ||
112 | + | 52 | |
103 | 113 | course, developed by the department and the Utah Prosecution Council. | |
104 | - | ||
114 | + | 53 | |
105 | 115 | (3) The training listed in Subsection (1) shall be offered by the Peace Officer Standards and | |
106 | - | ||
116 | + | 54 | |
107 | 117 | Training division to all persons seeking certification as a peace officer. | |
108 | - | ||
118 | + | 55 | |
109 | 119 | (4)(a) The department and the Utah Prosecution Council shall develop and offer an | |
110 | - | ||
120 | + | 56 | |
111 | 121 | advanced training course for officers who investigate cases of sexual assault or | |
112 | - | ||
122 | + | 57 | |
113 | 123 | sexual abuse. | |
114 | - | ||
124 | + | 58 | |
115 | 125 | (b) The advanced training course shall include: | |
116 | - | ||
126 | + | 59 | |
117 | 127 | (i) all criteria listed in Subsection (1); | |
118 | - | 57 | |
119 | - | (ii) identifying indicators of a ritual, as that term is defined in Section 76-3-203.19, in | |
120 | - | 58 | |
121 | - | cases of sexual assault; and | |
122 | - | 59 | |
123 | - | [(ii)] (iii) interviewing techniques in accordance with the curriculum standards in | |
128 | + | 59a | |
129 | + | Ĥ→ (ii) identifying indicators of a ritual, as that term is defined in Section | |
130 | + | 59b | |
131 | + | 76-3-203.19, in cases of sexual assault; ←Ĥ and | |
132 | + | - 2 - 01-31 12:29 1st Sub. (Buff) H.B. 66 | |
124 | 133 | 60 | |
134 | + | {(ii)} (iii) interviewing techniques in accordance with the curriculum standards in | |
135 | + | 61 | |
125 | 136 | Subsection (5). | |
126 | - | ||
137 | + | 62 | |
127 | 138 | (5) The department shall consult with the Utah Prosecution Council to develop the specific | |
128 | - | - 2 - Enrolled Copy H.B. 66 | |
129 | - | 62 | |
139 | + | 63 | |
130 | 140 | training requirements of this section, including curriculum standards for report writing | |
131 | - | ||
141 | + | 64 | |
132 | 142 | and response to sexual assault and sexual abuse, including trauma-informed and | |
133 | - | ||
143 | + | 65 | |
134 | 144 | victim-centered interview techniques, which have been demonstrated to minimize | |
135 | - | ||
145 | + | 66 | |
136 | 146 | retraumatizing victims. | |
137 | - | ||
147 | + | 67 | |
138 | 148 | (6) The Office of the Attorney General shall develop and offer training for law enforcement | |
139 | - | ||
149 | + | 68 | |
140 | 150 | officers in investigating human trafficking offenses. | |
141 | - | ||
151 | + | 69 | |
142 | 152 | [(7) The training described in Subsection (6) shall be offered to all law enforcement officers | |
143 | - | ||
153 | + | 70 | |
144 | 154 | in the state by July 1, 2020.] | |
145 | - | ||
155 | + | 71 | |
146 | 156 | [(8)] (7) The training described in Subsection (6) shall be offered by the Peace Officer | |
147 | - | ||
157 | + | 72 | |
148 | 158 | Standards and Training division to all persons seeking certification as a peace officer, in | |
149 | - | ||
159 | + | 73 | |
150 | 160 | conjunction with the training described in Subsection (1)[, beginning July 1, 2021]. | |
151 | - | ||
161 | + | 74 | |
152 | 162 | [(9)] (8) The Office of the Attorney General, the department, and the Utah Prosecution | |
153 | - | ||
163 | + | 75 | |
154 | 164 | Council shall consult with one another to provide the training described in Subsection (6) | |
155 | - | ||
165 | + | 76 | |
156 | 166 | jointly with the training described in Subsection (1) as reasonably practicable. | |
157 | - | ||
167 | + | 77 | |
158 | 168 | The following section is affected by a coordination clause at the end of this bill. | |
159 | - | 77 | |
160 | - | Section 2. Section 76-3-203.19 is enacted to read: | |
161 | 169 | 78 | |
170 | + | Section 1. Section 76-3-203.19 is enacted to read: | |
171 | + | 79 | |
162 | 172 | 76-3-203.19 . Aggravating factor for an offense committed against a child or | |
163 | - | ||
173 | + | 80 | |
164 | 174 | minor as part of a ritual. | |
165 | - | ||
175 | + | 81 | |
166 | 176 | (1) As used in this section: | |
167 | - | ||
177 | + | 82 | |
168 | 178 | (a) "Offense against a child or minor" means an offense that is: | |
169 | - | ||
179 | + | 83 | |
170 | 180 | (i) child abuse as described in Section 76-5-109; | |
171 | - | ||
181 | + | 84 | |
172 | 182 | (ii) aggravated child abuse as described in Section 76-5-109.2; | |
173 | - | ||
183 | + | 85 | |
174 | 184 | (iii) abuse or neglect of a child with a disability as described in Section 76-5-110; | |
175 | - | ||
185 | + | 86 | |
176 | 186 | (iv) child abuse homicide as described in Section 76-5-208; | |
177 | - | ||
187 | + | 87 | |
178 | 188 | (v) kidnapping as described in Section 76-5-301, if committed against an individual | |
179 | - | ||
189 | + | 88 | |
180 | 190 | under 18 years old; | |
181 | - | ||
191 | + | 89 | |
182 | 192 | (vi) child kidnapping as described in Section 76-5-301.1; | |
183 | - | ||
193 | + | 90 | |
184 | 194 | (vii) aggravated kidnapping as described in Section 76-5-302, if committed against | |
185 | - | ||
195 | + | 91 | |
186 | 196 | an individual under 18 years old; | |
187 | - | ||
197 | + | 92 | |
188 | 198 | (viii) human trafficking of a child as described in Section 76-5-308.5; | |
189 | - | ||
199 | + | 93 | |
190 | 200 | (ix) unlawful sexual activity with a minor as described in Section 76-5-401; | |
191 | - | 93 | |
201 | + | - 3 - 1st Sub. (Buff) H.B. 66 01-31 12:29 | |
202 | + | 94 | |
192 | 203 | (x) sexual abuse of a minor as described in Section 76-5-401.1; | |
193 | - | ||
204 | + | 95 | |
194 | 205 | (xi) rape as described in Section 76-5-402, if committed against an individual under | |
195 | - | ||
206 | + | 96 | |
196 | 207 | 18 years old; | |
197 | - | - 3 - H.B. 66 Enrolled Copy | |
198 | - | 96 | |
208 | + | 97 | |
199 | 209 | (xii) rape of a child as described in Section 76-5-402.1; | |
200 | - | ||
210 | + | 98 | |
201 | 211 | (xiii) object rape as described in Section 76-5-404.2, if committed against an | |
202 | - | ||
212 | + | 99 | |
203 | 213 | individual under 18 years old; | |
204 | - | ||
214 | + | 100 | |
205 | 215 | (xiv) object rape of a child as described in Section 76-5-402.3; | |
206 | - | ||
216 | + | 101 | |
207 | 217 | (xv) forcible sodomy as described in Section 76-5-403, if committed against an | |
208 | - | ||
218 | + | 102 | |
209 | 219 | individual under 18 years old; | |
210 | - | ||
220 | + | 103 | |
211 | 221 | (xvi) sodomy on a child as described in Section 76-5-403.1; | |
212 | - | ||
222 | + | 104 | |
213 | 223 | (xvii) forcible sexual abuse as described in Section 76-5-404, if committed against an | |
214 | - | ||
224 | + | 105 | |
215 | 225 | individual under 18 years old; | |
216 | - | ||
226 | + | 106 | |
217 | 227 | (xviii) sexual abuse of a child as described in Section 76-5-404.1; | |
218 | - | ||
228 | + | 107 | |
219 | 229 | (xix) aggravated sexual abuse of a child as described in Section 76-5-404.3; | |
220 | - | ||
230 | + | 108 | |
221 | 231 | (xx) aggravated sexual assault as described in Section 76-5-405, if committed against | |
222 | - | ||
232 | + | 109 | |
223 | 233 | an individual under 18 years old; | |
224 | - | ||
234 | + | 110 | |
225 | 235 | (xxi) unlawful kissing of a child as described in Section 76-5-416.2; or | |
226 | - | ||
236 | + | 111 | |
227 | 237 | (xxii) unlawful kissing of a minor as described in Section 76-5-416.4. | |
228 | - | ||
238 | + | 112 | |
229 | 239 | (b) "Ritual" means an event or act, or a series of events or acts: | |
230 | - | ||
240 | + | 113 | |
231 | 241 | (i) marked by specific actions, specific gestures, ceremonial objects, ceremonial | |
232 | - | ||
242 | + | 114 | |
233 | 243 | clothing, religious texts, or specific words; and | |
234 | - | ||
244 | + | 115 | |
235 | 245 | (ii) designed to commemorate, celebrate, or solemnize a particular occasion or | |
236 | - | ||
246 | + | 116 | |
237 | 247 | significance in a religious, cultural, social, institutional, or other context. | |
238 | - | ||
248 | + | 117 | |
239 | 249 | (2) For a defendant convicted of an offense against a child or minor, it is an aggravating | |
240 | - | ||
250 | + | 118 | |
241 | 251 | factor if the sentencing court finds that the defendant committed the offense as part of, | |
242 | - | ||
252 | + | 119 | |
243 | 253 | or to facilitate, a ritual or a training or practice to perform a ritual. | |
244 | - | ||
254 | + | 120 | |
245 | 255 | (3) When sentencing a defendant convicted of an offense against a child or minor subject to | |
246 | - | ||
256 | + | 121 | |
247 | 257 | the aggravating factor described in Subsection (2), the sentencing court shall consider | |
248 | - | ||
258 | + | 122 | |
249 | 259 | the aggravating factor and include the aggravating factor in the judgment of commitment. | |
250 | - | ||
260 | + | 123 | |
251 | 261 | (4) In determining the length of imprisonment for a defendant imprisoned for a conviction | |
252 | - | ||
262 | + | 124 | |
253 | 263 | of an offense against a child or minor subject to the aggravating factor described in | |
254 | - | ||
264 | + | 125 | |
255 | 265 | Subsection (2), the Board of Pardons and Parole shall consider the aggravating factor. | |
256 | - | 125 | |
257 | - | Section 3. Effective Date. | |
258 | 266 | 126 | |
267 | + | Section 4. Effective Date. | |
268 | + | 127 | |
259 | 269 | This bill takes effect on May 7, 2025. | |
260 | - | 127 | |
261 | - | Section 4. Coordinating H.B. 66 with S.B. 24. | |
270 | + | - 4 - 01-31 12:29 1st Sub. (Buff) H.B. 66 | |
262 | 271 | 128 | |
272 | + | Section 5. Coordinating H.B. 66 with S.B. 24. | |
273 | + | 129 | |
263 | 274 | If H.B. 66, Ritual Abuse Amendments, and S.B. 24, Child Abuse and Torture | |
264 | - | ||
275 | + | 130 | |
265 | 276 | Amendments, both pass and become law, the Legislature intends that, on May 7, 2025, | |
266 | - | - 4 - Enrolled Copy H.B. 66 | |
267 | - | 130 | |
277 | + | 131 | |
268 | 278 | Subsection 76-3-203.19(1), enacted in H.B. 66, be amended to read: | |
269 | - | ||
279 | + | 132 | |
270 | 280 | "(1) As used in this section: | |
271 | - | ||
281 | + | 133 | |
272 | 282 | (a) "Offense against a child or minor" means an offense that is: | |
273 | - | ||
283 | + | 134 | |
274 | 284 | (i) child abuse as described in Section 76-5-109; | |
275 | - | ||
285 | + | 135 | |
276 | 286 | (ii) child torture, as described in Section 76-5-109.4; | |
277 | - | ||
287 | + | 136 | |
278 | 288 | (iii) aggravated child abuse as described in Section 76-5-109.2; | |
279 | - | ||
289 | + | 137 | |
280 | 290 | (iv) abuse or neglect of a child with a disability as described in Section | |
281 | - | ||
291 | + | 138 | |
282 | 292 | 76-5-110; | |
283 | - | ||
293 | + | 139 | |
284 | 294 | (v) child abuse homicide as described in Section 76-5-208; | |
285 | - | ||
295 | + | 140 | |
286 | 296 | (vi) kidnapping as described in Section 76-5-301, if committed against an | |
287 | - | ||
297 | + | 141 | |
288 | 298 | individual under 18 years old; | |
289 | - | ||
299 | + | 142 | |
290 | 300 | (vii) child kidnapping as described in Section 76-5-301.1; | |
291 | - | ||
301 | + | 143 | |
292 | 302 | (viii) aggravated kidnapping as described in Section 76-5-302, if committed | |
293 | - | ||
303 | + | 144 | |
294 | 304 | against an individual under 18 years old; | |
295 | - | ||
305 | + | 145 | |
296 | 306 | (ix) human trafficking of a child as described in Section 76-5-308.5; | |
297 | - | ||
307 | + | 146 | |
298 | 308 | (x) unlawful sexual activity with a minor as described in Section 76-5-401; | |
299 | - | ||
309 | + | 147 | |
300 | 310 | (xi) sexual abuse of a minor as described in Section 76-5-401.1; | |
301 | - | ||
311 | + | 148 | |
302 | 312 | (xii) rape as described in Section 76-5-402, if committed against an individual | |
303 | - | ||
313 | + | 149 | |
304 | 314 | under 18 years old; | |
305 | - | ||
315 | + | 150 | |
306 | 316 | (xiii) rape of a child as described in Section 76-5-402.1; | |
307 | - | ||
317 | + | 151 | |
308 | 318 | (xiv) object rape as described in Section 76-5-404.2, if committed against an | |
309 | - | ||
319 | + | 152 | |
310 | 320 | individual under 18 years old; | |
311 | - | ||
321 | + | 153 | |
312 | 322 | (xv) object rape of a child as described in Section 76-5-402.3; | |
313 | - | ||
323 | + | 154 | |
314 | 324 | (xvi) forcible sodomy as described in Section 76-5-403, if committed against | |
315 | - | ||
325 | + | 155 | |
316 | 326 | an individual under 18 years old; | |
317 | - | ||
327 | + | 156 | |
318 | 328 | (xvii) sodomy on a child as described in Section 76-5-403.1; | |
319 | - | ||
329 | + | 157 | |
320 | 330 | (xviii) forcible sexual abuse as described in Section 76-5-404, if committed | |
321 | - | ||
331 | + | 158 | |
322 | 332 | against an individual under 18 years old; | |
323 | - | ||
333 | + | 159 | |
324 | 334 | (xix) sexual abuse of a child as described in Section 76-5-404.1; | |
325 | - | ||
335 | + | 160 | |
326 | 336 | (xx) aggravated sexual abuse of a child as described in Section 76-5-404.3; | |
327 | - | ||
337 | + | 161 | |
328 | 338 | (xxi)aggravated sexual assault as described in Section 76-5-405, if committed | |
329 | - | 161 | |
339 | + | - 5 - 1st Sub. (Buff) H.B. 66 01-31 12:29 | |
340 | + | 162 | |
330 | 341 | against an individual under 18 years old; | |
331 | - | ||
342 | + | 163 | |
332 | 343 | (xxii) unlawful kissing of a child as described in Section 76-5-416.2; or | |
333 | - | ||
344 | + | 164 | |
334 | 345 | (xxiii) unlawful kissing of a minor as described in Section 76-5-416.4. | |
335 | - | - 5 - H.B. 66 Enrolled Copy | |
336 | - | 164 | |
346 | + | 165 | |
337 | 347 | (b) "Ritual" means an event or act, or a series of events or acts: | |
338 | - | ||
348 | + | 166 | |
339 | 349 | (i) marked by specific actions, specific gestures, ceremonial objects, | |
340 | - | ||
350 | + | 167 | |
341 | 351 | ceremonial clothing, religious texts, or specific words; and | |
342 | - | ||
352 | + | 168 | |
343 | 353 | (ii) designed to commemorate, celebrate, or solemnize a particular occasion or | |
344 | - | ||
354 | + | 169 | |
345 | 355 | significance in a religious, cultural, social, institutional, or other context.". | |
346 | 356 | - 6 - |